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T. AMARNATH GOUD
State of Tripura – Appellant
Versus
Sumit Banik – Respondent
JUDGMENT
1. Heard Mr. S. Kar Bhowmik, learned senior counsel assisted by Mr. S. Bol, learned counsel and Mr. R. Datta, learned Public Prosecutor appearing for the petitioner. Also heard Mr. P. K. Biswas, learned senior counsel assisted by Mr. P. Majumder and Mr. A. K. Banerjee, learned counsel appearing for the respondents.
2. By means of filing this revision petition under Sectin-397 read with Section-401 of Cr. P.C. challenging the order dated 27.06.2022 passed by the learned Sessions Judge, West Tripura, Agartala in connection with ST(T-1) 103 of 2019 allowing the 311 Cr. P.C. petition filed by the accused-persons at the stage of 313 Cr. P.C.
3. The facts in brief are that the instant petition has been filed by the State of Tripura, challenging the order dated 27.06.2022 passed by the learned Sessions Judge, West Tripura, Agartala in the above mentioned case allowing the 311 Cr.P.C. petition filed by the accused-persons at the stage of 313 Cr.P.C. Vide order dated 27.06.2022, the learned Court below allowed the said petition without application of mind for which the same is challenged before this Court.
4. On 23.05.2022 the prosecution closed its evidence and the next date was fixed
Section 311 of the Cr.P.C. allows courts to recall witnesses essential for a just decision, emphasizing that oversights in prosecution do not constitute irreparable lacunae. Judicial discretion must ....
The court emphasized the necessity of recalling witnesses to ensure a fair trial and prevent failure of justice.
The power under Section 311, Cr.P.C. should be exercised with restraint and caution, especially at the final stage of the trial, and delay in filing the application may impact the court's decision.
Accused filthy language and threatened to complainant - Power to summon material witness or examine - It is well settled by Hon’ble Supreme Court that lacuna cannot be fulfilled in garb of power conf....
The wide powers conferred upon the courts under Section 311 CrPC to summon or recall a witness at any stage if their evidence is essential for a just decision.
Rape - Power to summon material witness, or examine person present - It is clear that the application under section 311 Cr.P.C. has not been moved in a bona fide manner by revisionist to secure ends ....
Merely on asking the application under Section 311 of the Cr.P.C. cannot be allowed as there has to be sufficient reasons behind it.
Section 311 Cr.P.C. allows courts to summon additional witnesses at any stage for just decision-making, underscoring the importance of ensuring no evidence essential to the truth is left out.
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